Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (Text with EEA relevance) (c. 692)

ANNEX XV U.K. IN-SERVICE CONFORMITY OF VEHICLES TYPE-APPROVED UNDER DIRECTIVE 70/220/EEC

Appendix 1 In-service conformity check

6. PLAN OF REMEDIAL MEASURES U.K.

6.1. The approval authority shall request the manufacturer to submit a plan of remedial measures to remedy the non-compliance when more than one vehicle is found to be an outlying emitter that meets either of the following conditions: U.K.

(a)

meets the conditions set out in section 3.2.3 of Appendix 4 to UN/ECE Regulation 83 and both the type-approval authority and the manufacturer agree that the excess emission is due to the same cause, or

(b)

meets the conditions set out in section 3.2.4 of Appendix 4 to UN/ECE Regulation 83 and the type-approval authority has determined that the excess emission is due to the same cause.

6.2. The plan of remedial measures shall be filed with the approval authority not later than 60 working days from the date of the notification referred to in section 6.1. The approval authority shall within 30 working days declare its approval or disapproval of the plan of remedial measures. However, where the manufacturer can demonstrate, to the satisfaction of the competent approval authority, that further time is required to investigate the non-compliance in order to submit a plan of remedial measures, an extension is granted. U.K.

6.3. The remedial measures shall apply to all vehicles likely to be affected by the same defect. The need to amend the type-approval documents shall be assessed. U.K.

6.4. The manufacturer shall provide a copy of all communications related to the plan of remedial measures, and shall also maintain a record of the recall campaign, and supply regular status reports to the approval authority. U.K.

6.5.

The plan of remedial measures shall include the requirements set out in points 6.5.1 to 6.5.11. The manufacturer shall assign a unique identifying name or number to the plan of remedial measures. U.K.

6.5.1. A description of each vehicle type included in the plan of remedial measures. U.K.

6.5.2. A description of the specific modifications, alterations, repairs, corrections, adjustments, or other changes to be made to bring the vehicles into conformity including a brief summary of the data and technical studies which support the manufacturer’s decision as to the particular measures to be taken to correct the non-conformity. U.K.

6.5.3. A description of the method by which the manufacturer informs the vehicle owners. U.K.

6.5.4. A description of the proper maintenance or use, if any, which the manufacturer stipulates as a condition of eligibility for repair under the plan of remedial measures, and an explanation of the manufacturer’s reasons for imposing any such condition. No maintenance or use conditions may be imposed unless it is demonstrably related to the non-conformity and the remedial measures. U.K.

6.5.5. A description of the procedure to be followed by vehicle owners to obtain correction of the non-conformity. This shall include a date after which the remedial measures may be taken, the estimated time for the workshop to perform the repairs and where they can be done. The repair shall be done expediently, within a reasonable time after delivery of the vehicle. U.K.

6.5.6. A copy of the information transmitted to the vehicle owner. U.K.

6.5.7. A brief description of the system which the manufacturer uses to assure an adequate supply of component or systems for fulfilling the remedial action. It shall be indicated when there will be an adequate supply of components or systems to initiate the campaign. U.K.

6.5.8. A copy of all instructions to be sent to those persons who are to perform the repair. U.K.

6.5.9. A description of the impact of the proposed remedial measures on the emissions, fuel consumption, driveability, and safety of each vehicle type, covered by the plan of remedial measures with data, technical studies, etc. which support these conclusions. U.K.

6.5.10. Any other information, reports or data the approval authority may reasonably determine is necessary to evaluate the plan of remedial measures. U.K.

6.5.11. Where the plan of remedial measures includes a recall, a description of the method for recording the repair shall be submitted to the approval authority. If a label is used, an example of it shall be submitted. U.K.

6.6. The manufacturer may be required to conduct reasonably designed and necessary tests on components and vehicles incorporating a proposed change, repair, or modification to demonstrate the effectiveness of the change, repair, or modification. U.K.

6.7. The manufacturer shall be responsible for keeping a record of every vehicle recalled and repaired and the workshop which performed the repair. The approval authority shall have access to the record on request for a period of 5 years from the implementation of the plan of remedial measures. U.K.

6.8. The repair and/or modification or addition of new equipment shall be recorded in a certificate supplied by the manufacturer to the vehicle owner. U.K.